About Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in,
be denied the benefits of, or be subject to discrimination under any educational program
or activity receiving Federal financial assistance.

Sexual harassment and sexual violence are forms of sex discrimination prohibited by
Title IX. Title IX also prohibits retaliation against people for making or participating
in complaints of sex discrimination.

Learn More About Title IX

Laws, Definitions & Facts

The Law

Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law
that prohibits discrimination on the basis of sex in federally funded educational
programs and activities. Under Title IX, sexual assault and sexual harassment are
forms of discrimination o n the basis of sex. The Department of Education's Office
for Civil Rights, which enforces Title IX, has recently provided detailed guidance
on how educational institutions like LWTech must investigate and respond to complaints
of sexual assault and sexual harassment. Learn more in Question and Answers on Title IX and Sexual Violence from the Department of Education.

Definitions

Complainant

Employee(s), applicant(s), student(s), or visitor(s) of LWTech who alleges that she,
he or they/have been subjected to discrimination or harassment.

Complaint

A description of facts that allege violation of the college’s policy against discrimination
or harassment.

Consent

A knowing and voluntary agreement to engage in specific sexual activity at the time
of the activity. In order to be valid, consent must be knowing, voluntary, active,
present and ongoing. Consent is not present when an individual is incapacitated due
to alcohol, drugs, sleep or other condition.

Sexual Assault

Sexual Harassment

Sexual harassment is an unwelcome conduct of a sexual nature where sexual favors are
used or threatened to be used as a basis for academic or employment decisions; where
the conduct creates a hostile, intimidating, or offensive academic or working environment;
or where other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently
severe, persistent, or pervasive to limit a person's ability to participate in or
benefit from an educational program or activity.

Rape

Unlawful sexual intercourse or any other sexual penetration of another person, with
or without force, by a sex organ, other body part, or foreign object, without the
consent of the victim.

Retaliation

Material adverse action taken against any individual for reporting, providing information,
exercising one's rights or responsibilities, or otherwise being involved in the process
of responding to, investigating, or addressing allegations of sexual misconduct.

84% of those raped knew their attacker, and 57% of the rapes happened on dates.

Only 27% of the women whose sexual assault met the legal definition of rape thought
of themselves as rape victims.

42% of the rape victims told no one about the assault, and only 5% reported it to
the police

About 75% of the men and at least 55% of the women involved in acquaintance rapes
had been drinking or taking drugs just before the attack.

According to the National Institute of Justice, rape is the costliest crime in the
U.S., exacting $86,500 in tangible and intangible costs per victim.

Results of a 1997 study of sexual coercion within gay and lesbian relationships indicated
that 52% of the total sample reported having experienced at least one incident of
sexual coercion. 55% of the gay men and 50% of the lesbians in this study reported
unwanted penetration. 33% of the gay men and 32% of the lesbians in this study reported
unwanted fondling.

In 1992, the National Victim Center reported that 9 out of 10 rapes go unreported.

The college's responsibility is to respond promptly and effectively. If the college
knows or reasonably should know about sexual harassment or sexual violence that creates
a hostile environment, the college must take immediate action to eliminate the sexual
harassment or sexual violence, prevent its recurrence, and address its effects. Even
if a student's parent does not want to file a complaint or does not request that the
college take any action on the student’s behalf, if a college knows or reasonably
should know about possible sexual harassment or sexual violence, it must promptly
investigate to determine what occurred and then take appropriate steps to resolve
the situation. A criminal investigation into allegations of sexual harassment or sexual
violence does not relieve the college of its duty under Title IX to resolve complaints
promptly and equitably.